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      03-21-2008, 03:00 PM   #23
dooma350
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Just spoke with the dealership GM- Fil.
Fil went thru the mandatory spewl on the honest mistake on the part of the dealer, and how he was sure that ebay would see their honest mistake, and side with them. Of course Fil couldnt explain why, thru the course of the auction, a reserve was not added or why the Buy it Now changed twice.

But in the interest of making this all go away, offered me the car at 65600, roughly 3K off MSRP. I told him I would notate his offer.

But at this point, Im gonna wait to here what ebay says, and stick to the 60K price.
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      03-21-2008, 03:03 PM   #24
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Please keep us updated. Very interesting story.
Dealership is being completely sh!tty. Like others have said, it wouldn't a mistake if it sold for $5k more. Slimy, POS dealer.

edit: That is total HS! They cannot change the terms of the auction. Doesn't Ebay say something about not changing the terms of the auction outside of the Ebay process?

What honest mistake? What do they say is the mistake? Any reasons?
If he cannot explain what happened, that doesn't mean that you have to pay more. F' them!!!

If needs be, we will get everyone in this thread to call the dealer and harass them for this travesty.
Let us know.
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      03-21-2008, 03:11 PM   #25
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Quote:
Originally Posted by dooma350 View Post
Just spoke with the dealership GM- Fil.
Fil went thru the mandatory spewl on the honest mistake on the part of the dealer, and how he was sure that ebay would see their honest mistake, and side with them. Of course Fil couldnt explain why, thru the course of the auction, a reserve was not added or why the Buy it Now changed twice.

But in the interest of making this all go away, offered me the car at 65600, roughly 3K off MSRP. I told him I would notate his offer.

But at this point, Im gonna wait to here what ebay says, and stick to the 60K price.
I would get an attorney let them do the negotiating. Let the attorney put forth a counter to his 3k offer… remember the dealership has more to lose here than just a car. Bad PR could cost a hell of a lot more than 7k.
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      03-21-2008, 03:13 PM   #26
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The same thing happened to my dad recently (but not through Ebay). Its a very long story but more or less the same thing. After making a verbal contract and pretty much finalizing the deal, the dealership went back on their word and told us we could not have the car. My dad took legal action and the case is still going on. It's been over a year already but should be settled soon (most likely in our favor). This dealership (like the one you encountered) has a very large amount of money being that it sells Aston Martin, Porsche, Ferrari, Maserati, and many other top end luxury cars in a very wealthy location. They have realized they made a huge mistake (from what I have been told) and have been trying to settle but have not met the right terms yet.

If you can afford the time and money, I suggest pursuing this legally. I have heard way to many stories like this happening to innocent people, but most do not have the money or time to take legal action. Best of luck!
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      03-21-2008, 03:14 PM   #27
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Looks like they have gotten plenty of bad PR. You look at their BBB page?
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      03-21-2008, 03:58 PM   #28
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Quote:
Originally Posted by dooma350 View Post
But in the interest of making this all go away, offered me the car at 65600, roughly 3K off MSRP. I told him I would notate his offer.

But at this point, Im gonna wait to here what ebay says, and stick to the 60K price.
Interesting devlopment!

That is a distinct change from the original story where the internet sales manager basically laughed at you. So you are making progress!

At this point you've already won since at the very least you get the car $3k off MSRP which no one else will touch anywhere for a year and probably longer. But I agree you should stick firm to the 60k price at least for now.

One other thing to consider - someone mentioned "gouging" as in price, for shipping and such. But I was thinking gouging of the more malicious type. As in damage to the car. If you do get the car (and it sounds like you will) then I would have someone you trust (maybe from this forum) be liason for you and somehow complete the purchase for you and get that car out of the hands of the dealership as soon as humanly possible. There are all kinds of things one can do to a car to sabotage it, without leaving any visual evidence. The last thing you want to do is have to worry about whether they have hurt the car in any way.

Finally, you might also impress up them that you expect stern discipline for the internet manager - not because of his messup but because of how he treated you - perhaps even suggesting he be relieved of his position.

GOOD LUCK!
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      03-21-2008, 04:04 PM   #29
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Their buyer feedback shows that they have pulled this nonsense before. So, no one will be buying the "honest mistake" story that they are selling.

http://feedback.ebay.com/ebaymotors/...All%20Feedback

I would definately fight to get the car. I would strongly suggest that you avoid using a lawyer, they will suck you dry (unless you have a close friend that will do it for free). The lawyers are the only ones that win in the legal route. I should know because the blood suckers usually get me for a few grand every few months.

The best course of action is to be pleasant and persistent. Keep accurate notes of detail, names, times etc. DO NOT get abusive or threatening. Keep the high ground because you already have it. They are the sleaze and do not go to their level.

Persist in your planning about negative publicity. This may be the trump card that gets you the car.

But in the end, we can all create new ebay accounts and screw-up all of their other auctions and effective end their ebay business, if you choose to go that route.
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      03-21-2008, 04:10 PM   #30
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Quote:
Originally Posted by landon305 View Post
The same thing happened to my dad recently (but not through Ebay). Its a very long story but more or less the same thing. After making a verbal contract and pretty much finalizing the deal, the dealership went back on their word and told us we could not have the car. My dad took legal action and the case is still going on. It's been over a year already but should be settled soon (most likely in our favor). This dealership (like the one you encountered) has a very large amount of money being that it sells Aston Martin, Porsche, Ferrari, Maserati, and many other top end luxury cars in a very wealthy location. They have realized they made a huge mistake (from what I have been told) and have been trying to settle but have not met the right terms yet.

If you can afford the time and money, I suggest pursuing this legally. I have heard way to many stories like this happening to innocent people, but most do not have the money or time to take legal action. Best of luck!
I can tell just by how you wrote this your talking about "The Collection" right? LOL, those guys are slime
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      03-21-2008, 04:13 PM   #31
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Quote:
Originally Posted by ideliver View Post
Their buyer feedback shows that they have pulled this nonsense before. So, no one will be buying the "honest mistake" story that they are selling.

http://feedback.ebay.com/ebaymotors/...All%20Feedback

I would definately fight to get the car. I would strongly suggest that you avoid using a lawyer, they will suck you dry (unless you have a close friend that will do it for free). The lawyers are the only ones that win in the legal route. I should know because the blood suckers usually get me for a few grand every few months.

The best course of action is to be pleasant and persistent. Keep accurate notes of detail, names, times etc. DO NOT get abusive or threatening. Keep the high ground because you already have it. They are the sleaze and do not go to their level.

Persist in your planning about negative publicity. This may be the trump card that gets you the car.

But in the end, we can all create new ebay accounts and screw-up all of their other auctions and effective end their ebay business, if you choose to go that route.
I agree with everything but, the last statement. Ebay will ban your IP & it would look bad in court (granted, it even goes that far along)
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      03-21-2008, 04:22 PM   #32
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Quote:
Originally Posted by dooma350 View Post
Just spoke with the dealership GM- Fil.
Fil went thru the mandatory spewl on the honest mistake on the part of the dealer, and how he was sure that ebay would see their honest mistake, and side with them. Of course Fil couldnt explain why, thru the course of the auction, a reserve was not added or why the Buy it Now changed twice.

But in the interest of making this all go away, offered me the car at 65600, roughly 3K off MSRP. I told him I would notate his offer.

But at this point, Im gonna wait to here what ebay says, and stick to the 60K price.
Oh, the drama... stick with the $60k; they just messed up, they should just accept it and be done with it.
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      03-21-2008, 04:26 PM   #33
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Quote:
Originally Posted by ChrisFastM3 View Post
I agree with everything but, the last statement. Ebay will ban your IP & it would look bad in court (granted, it even goes that far along)
You are correct...this is the fantasy, revenge part that we dream about but never have the guts to do...

I really think he can get this car for 60 K if he plays his cars right
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      03-21-2008, 04:33 PM   #34
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1 have a lawyer do the negotiations
2 call the dealers local TV stations, see if they will run a story
3 call the CEO of the whole group, not the one dealer
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      03-21-2008, 04:34 PM   #35
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Quote:
Originally Posted by ChrisFastM3 View Post
I can tell just by how you wrote this your talking about "The Collection" right? LOL, those guys are slime
haha well I don't want to put any names out there.... but yes the collection is very slimy.
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      03-21-2008, 04:38 PM   #36
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I would contact BMWNA & BMWAG to make sure the dealer doesn't sell the car to anyone else first. I think if you inform BMWNA & BMWAG of what's going on and advise them of the potential problems of "double" selling the same car they may force the dealer to keep the car available until a resolution is achieved. The mere fact that BMWNA &/or BMWAG are contacting the dealer may scare them & will carry a lot of weight in your favor. Might be just the little bit to tip the scales in your faovr. Just my $.02.
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      03-21-2008, 04:48 PM   #37
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Don't hold your breath for the Ebay resolution.

They will sell the car before anything comes around. Do you know how easy it is to get another Ebay account?
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      03-21-2008, 05:31 PM   #38
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Name:  judge-judy.jpg
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...need i say more.

On the serious side... Definite progress with the offer but not good enough IMO. Stand your ground and you will get what you are fully entitled to... namely, the price you already agreed to pay. I too would be a little worried about the dealership screwing with the car as mentioned above since their "shady-ness" has already been witnessed.

This is what happens when big companies try to take advantage and cut corners....

http://news.yahoo.com/s/ap/20080321/...s_tipping_suit
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      03-21-2008, 07:28 PM   #39
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you can file complaint iwth ebay, but in the end its not going to do anything,
file a complaint with the BBB also, the dealer wont like that.
other then that dont waste your time or your frustation on them. ,
I would also write a letter to BMW, not the dealer.
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      03-21-2008, 07:35 PM   #40
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thats complete BS as far as being a mistake...its not one quick click where you put up an action or even make a change...it takes up a few minutes of typing and editing and posting pictures up etc etc...there is no mistake in that...nothing accidental...your right they just felt like they can run up the price like if it were a one of a kind item bullshit
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      03-21-2008, 08:13 PM   #41
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Quote:
Originally Posted by Laszlo View Post
I'm pretty sure when you have a BUY IT NOW set price you must EXCEED that price to actually win the product.

If the listing didn't have BUY IT NOW, then you'd have a case. Other than that, the bidding portion is only there to see if bidding can exceed the BUY IT NOW price.

Sorry dude. It's reality.

The guy should not have said it was a mistake. He or she doesn't know the eBay rules and gave you the wrong answer. He or she should have explained the rules to you.
and i'm pretty sure you're wrong.
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      03-21-2008, 08:37 PM   #42
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Originally Posted by Laszlo View Post
I'm pretty sure I'm right. That's why you choose a Buy it Now. That's the real asking price. But when you place an eBay ad, you can choose the option to have a bid - giving you an opportunity to get a price higher than Buy it Now. Buy it Now acts like a reserve.

I thought the asking price of 60 was the 'reserve', and you could bid anywhere above it...the 'buy it now' is the number to end the auction immediately...
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      03-21-2008, 08:46 PM   #43
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laszlo...you sir are wrong...buy it now is so that you can buy the item for a higher price than bidding and risking being out bid...you may end up paying less than the buy it now value but you can also get outbid...Buy it now does not act like a reserve...that's why ebay has the option to put on an actual reserve on the auction...

if you are still convinced that you are correct...you are very lucky that you are the ONLY person in the world that "knows" this little secret...

now lets get back to topic...best of luck to you and i hope you can get the car for the price you won with

Last edited by abuzzl23p; 03-21-2008 at 08:49 PM. Reason: laszlo is an idiot
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      03-21-2008, 08:47 PM   #44
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Laszlo, I appreciate your input, but thats incorrect.
Ebay has 2 auction types, Online and Fixed price. This was an online auction.
The online type can be incorporated with reserve prices and buy it now.
If you dont set a reserve and the item gets bids, it sells at that price, as in this case. That is why ebay sent me a notifaction email telling me I won, and why I see this on my screen. take a look at the completed auctions for other car auctions, you'll see what Im talking about.
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